Choosing a Health-Care Decision Maker in Orinda

Start with the decision-maker question

A health-care directive can designate an agent for health-care decisions. The practical choice is who you want to speak for you if you cannot communicate a decision yourself. Consider whether the person understands your priorities, can communicate clearly with others, and is willing to take on the role. These are useful questions for your own decision-making, not legal qualifications.

Think about how you want the agent to approach uncertainty and disagreement. Would you want the person to focus on your previously expressed wishes, ask questions when information is unclear, or keep particular people informed? Discussing expectations in advance can help you decide whether a candidate is a good fit. It does not replace making your own choices about the documents.

• Who would be comfortable speaking on your behalf?
• Who is likely to understand and communicate your priorities?
• Is there another person you would want considered if your first choice cannot serve?

Compare the documents by the job they do

Before changing anything, compare your health-care directive with any financial power of attorney you already have. They address different kinds of authority: a health-care directive can name an agent for health-care decisions, while financial authority serves a separate purpose. Naming someone for one role does not, by itself, answer whom you want for the other.

Keep the decision-maker question distinct from your treatment preferences. The appointment identifies who may make health-care decisions; your preferences concern what you want that person to understand about your care. Consider whether the documents and conversations you already have still reflect your choices. If they do not, identify the mismatch to discuss rather than assuming one document answers both questions.

• Gather the health-care directive and any financial power of attorney you want to compare.
• Note who is named in each and whether those choices still fit your wishes.
• Write down questions about the roles or any change you are considering.

Plan for communication and alternates

A primary choice may not always be available when a decision is needed. Consider whether you want an alternate and how that person relates to your first choice. You can also think through how you would like the agent to communicate with family or others involved in your care. These are planning topics to discuss; the appropriate document choices depend on your circumstances.

For example, you might be deciding between a relative who knows your preferences well and a friend who may communicate more easily with the people involved. That example is not a recommendation. The useful question is which person best fits the role you want filled, and whether your expectations have been made clear.

• Identify any alternate you are considering and what role you expect that person to have.
• Prepare a brief list of preferences or communication concerns to discuss.
• Ask how a proposed change would relate to the documents you already have.

A focused next step

Codi M. Dada Law Office P.C. is located at 802 Grant Ave, Novato, California, and offers virtual services statewide. For a planning discussion, bring or have available the documents you want to compare and your questions about the decision-maker, alternates, and communication. A focused review of those choices can help clarify what you want to change and what you want to preserve.